Jury System Pros and Cons and Legal Roles

Arguments For and Against Juries

Arguments in Favour of Juries

• They are democratic, ensuring trial by one’s peers.
• They allow for public participation.
• Jurors are not influenced by professional prejudice.
• Juries are a barrier to the enforcement of unpopular laws.
• Juries confer legitimacy on the criminal justice process.

Arguments Against Juries

• Juries are unrepresentative.
• Juries cannot cope with highly complex cases.
• Juries can be influenced by prejudice.
• Juries are too easily persuaded by rhetoric rather than facts.
• Juries may be dominated by a few individuals.
• Juries do not sufficiently know the law.

Different Types of Lawyers in the UK and the US

UK Legal Roles

• Solicitors
• Barristers

US Legal Roles

• Lawyers (attorneys, attorneys-at-law, counsels, counselors, counselors-at-law)

Regulation and Scope

• Role of the American Bar Association and of the Association of American Law Schools.
• The legal profession is regulated by each state, which sets its own requirements for admission to practice.
• No demarcation line among advocacy and counseling.

Functions of Defense Attorneys (Generally Speaking)

• Interviewing the client, police officers, and other witnesses.
• Discussing the matter with the prosecutor.
• Representing the defendant at the various pretrial procedures, such as arrest, interrogation, lineup, and arraignment.
• Entering into plea negotiations.
• Preparing the case for trial, including developing the tactics and strategy to be used.
• Filing and arguing legal motions with the court.
• Representing the defendant at trial.
• Providing assistance at sentencing.
• Determining the appropriate basis for appeal.

Pre-Trial Guarantees

• The prohibition on arbitrary arrest and detention.
• The right to know the reasons for arrest.
• The right to legal counsel.
• The right to a prompt appearance before a judge to challenge the lawfulness of arrest and detention.
• The prohibition of torture and the right to humane conditions during pretrial.
• Equal access to, and equality before, the court.
• Right to a fair hearing.
• Right to a public hearing.
• Right to a competent, independent, and impartial tribunal established by law.
• Presumption of innocence.